www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: fair use (was Re: What licenses in category X satisfy criterion #2?)
Date Sat, 15 Mar 2008 02:52:38 GMT
--- Joe Schaefer <joe_schaefer@yahoo.com> wrote:

> --- Robert Burrell Donkin <rdonkin@apache.org>
> wrote:
> > On Thu, 2008-03-13 at 10:07 -0700, Henri Yandell
> > wrote:
> > 
> > <snip>
> > 
> > > More important right now would be the issues of
> > > what the FSF's
> > > non-compiled/dynamic-linked stance is, 
> > 
> > +1
> > 
> > even when we've disagreed with the FSF's
> > interpretation we've respect
> > the spirit and intention of their licenses (as
> > expressed by the FSF).
> > IMO this approach should be continued.
> I just dug this up:
> It directly conflicts with what I said about 
> the situation for spamassassin.  According
> to that url, if spamassassin acquired a GPL
> dependency, it would have to license everything
> under the GPL.  (The FSF apparently believes
> copyright extends to actual processes, not
> just files on the filesystem).

FWIW, here's what the US Copyright Act says about
computer programs:

  § 117. Limitations on exclusive rights: Computer

  (a) Making of Additional Copy or Adaptation by Owner

  of Copy. — Notwithstanding the provisions of section

  106, it is not an infringement for the owner of a 
  copy of a computer program to make or authorize the 
  making of another copy or adaptation of that
  program provided:

  (1) that such a new copy or adaptation is created as

  an essential step in the utilization of the computer

  program in conjunction with a machine and that it is

  used in no other manner, or


To me, that seems to say that copying the bits of a 
file from the filesystem to into main memory isn't
infringing copyright, so I don't understand the FSF's
position here.  Can anyone here enlighten me about it?

Be a better friend, newshound, and 
know-it-all with Yahoo! Mobile.  Try it now.  http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

DISCLAIMER: Discussions on this list are informational and educational
only.  Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF.  See <http://www.apache.org/licenses/> for
official ASF policies and documents.
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org

View raw message